2010.06.28 - Kyron's Dad files for divorce and restraining order

[wvjules]

No, I think my words are getting twisted a bit. I was just saying I don't know, because I truly don't know. There was a thread for discussing possibilities that TH was innocent, but it was closed and since then I've been confused about what we can and cannot discuss when it comes to non-TH theories. I'm in favor of discussing lots of possibilities, including theories that don't involve TH killing Kyron, but realize my theories and ideas are far from the majority.

I didn't read why that one was closed. I was unsure of what you meant. Thanks.

 

[RubyRed]

I think there is a baby that misses her mommy too.I do not feel it is in the babies best interest to keep her away from her mommy.I just don't.She was the primary care taker of this child.I feel it's best this baby is with both parents.Even if it's supervised visitations with her mommy Terri.

That babies Mommy could very well have killed that babies brother. That babies Mommy could very well have put a hit on that babies Daddy.

The judge didn't just make this order on a whim.

 

[4BB]

Terri seems to love her daughter very much.

She is not fighting the RO..

*she is innocent and feels that the facts in the case will work to her advantage

*she is guilty and knows she is going away for a long time. I'm sure this child misses her mother, but if that facts in the case show it is likely that Terri will be going away for a long time..it may do more harm to Baby K to bring her mother back into her life for a shirt time and take her away again.

ETA~ I doubt Terri will be a threat to either one of them (Kaine or baby) if she is going to some sort of inpatient facility.

 

[Donjeta]

I don't think it's against the rules to discuss the possibility that TH is innocent, it's more that it's against the rules to sleuth the people who haven't been named in the media as potentially involved in the case.

 

[LaceSprocket]

Quote
Accordingly,Ms Rackner and I agree that there is no further need for a hearing before the court and that the court may strike the scheduled proceeding from it's caledar.


Does this mean they are dropping the RO?

Legal eagles, correct me if I'm wrong:

No, I don't think so. I think it means there's no need to hear just the Petition to make Terri move out. The divorce and the RO should still be on the schedule, as they are separate proceedings heard separately - but on the same day.

 

[seeking truth]

Appears to me TH's lawyer is keeping her options open re mounting a defense to any charges that may be brought. Probably of the mindset that if there's no body,no dna, and no confession, she's free and clear--which would normally be the case. My guess is he does not want her version of things on the record (until he knows what the cops have) & doesn't want her to be cross-examined on any of this which would happen if she contested the matter.

That may be true. What is hard for my mind to to reconcile is this:

If Terri is going to play this out, admit to nothing...then why isn't she at least contesting the part of the RO that has to do with her seeing her baby? Is it because she would have to be in court for that, too, and she could slip up?

I wonder (maybe HOPE would be the better word) if she possibly has something left that is good inside of her and she realizes that she is a danger to her daughter?

This is all speculation and opinion, and I realize that Terri has not been charged with a crime, nor has she admitted to any crime.

 

[Donjeta]

That babies Mommy could very well have killed that babies brother. That babies Mommy could very well have put a hit on that babies Daddy.

The judge didn't just make this order on a whim.

I understand the reasons why the judge signed the RO, but is Terri now admitting that the accusations are true and the judge was right to protect her baby, by not contesting?

 

[Calliope]

She doesn't want to have to go to court and get on the stand and face this stuff. IMO

We saw the petition for the RO. The primary reason for the request was that he felt she was responsible for Kyron's disappearance. He writes he has reason to believe she was involved in Kyron's disappearance and adds he'd recently found out about the murder-for-hire plot.

According to this, one of the requirements the petitioner must meet is providing evidence of abuse within the previous 180 days.

http://www.oregon.gov/OJD/docs/OSCA/cpsd/courtimprovement/familylaw/FAPA_Benchguide_4-24-06.pdf

Showing Required

A petitioner is entitled to relief under FAPA when:

1. There has been "abuse," as defined in ORS
107.705(1)

a. within the preceding 180 days,

b between "family or household members," as
defined in ORS 107.705(3); and

2. Petitioner is in "imminent danger of further abuse"
by respondent, and

3. Respondent represents a credible threat to the
physical safety of petitioner or petitioner’s child.

Of the two reasons he gives for the request for an RO, only her involvement with Kyron's disappearance is within that 180 days. The alleged murder plot fell outside these guidelines, which is why it was included in another portion of the petition that asked if there were any other occasions of abuse that happened beyond the 180 day limit.

So given that Terri's supposed involvement with what happened to Kyron is included in the RO petition and is actually the only allegation that falls within its guidelines as far as the timeframe goes, and that in order to contest it she'd have to present her side and defend herself against these accusations to the judge, it makes perfect sense that her defense attorney would NOT want her to contest anything regarding the RO at this time. It's obvious that prohibiting her from seeing the baby has more to do with her alleged involvement with Kyron's case than plotting to kill Kaine.

Her attorney is certainly not going to worry about something as insignificant as a temporary restraining order and risk revealing to the prosecution (and potential jury pool) the defense he's building for her in a potential kidnapping / murder case. If he were to advise her otherwise, I'd have some serious doubts about his abilities (or willingness) to adequately defend his client.

 

[captivagrl]

Kyron's stepmother Terri Moulton Horman will not challenge a request to move out of the former family home, a letter from her lawyer read Monday.

It was unclear if or when Terri planned to move out.

On Sunday, the parents of missing Portland boy Kyron Horman put off all media contact for the week in anticipation of what they called "heavy" obligations by investigators on the case.

"Our focus continues to be fully on the investigation and finding Kyron," a statement from father Kaine Horman read. "All indications are that law enforcement obligations will be heavy in the coming week. As a result, we are sorry that we cannot schedule any media meetings. We really apologize for the change but, as always, our priority is keeping our energy and available time focused on the search and both of those things will be in short supply next week."

http://www.kgw.com/news/Desiree-Young-on-Terri-Moulton-I-know-shes-lying-98075814.html

Anyone else get the feeling that KH and DY might be testifying? Wonder if we'll hear "grand jury" any time soon?

 

[xin]

Anyone else get the feeling that KH and DY might be testifying? Wonder if we'll hear "grand jury" any time soon?

I hope so, maybe that's what we're (and LE) waiting for...

imo

 

[Donjeta]

The dormant lawyer-wannabe in me might agree that it's the best policy not to contest, it's just that the mother in me would never, ever think it's insignificant if someone told me that I couldn't see my baby. Especially not if I was innocent of the charges against me.

 

[Jo in Calif]

Right. Thanks. But for now the correspondence is coming from the crim attorney, so as a practical observation, he's the boss for now, and taking the lead for Rackner. Pretty smart, IMHO.

Moo sounds like she's got a pretty smart cdattorney

 

[liz b.]

I noticed that wording, too. Could just be semantics, but it could be important.

It could also simply be someone unrelated or unknown to Terri, but someone who found out about it through a 3rd party.

I take this simple sentence at face value ; investigators are thinking that someone other than TH might well know what happened to Kyron.

All JMO

 

[raeann]

bbm

Now THAT is the interesting part. Really? She has no interest in fighting to see her baby? Well, doesn't that take the cake? It really is all about TERRI.

That isn't really what it says at all, it states that she will be seeking separate counsel (i.e. another attorney who specializes in family relations) to deal with the dissolution matters. That means that future custody would be determined within those procedures. The RO is a TEMPORARY matter, and can be contested at any time, but if she is only interested in the determination of custody and NOT in having any contact with KH, then the definitive way to do that is within the regular procedures for a divorce and custody arrangements. All of those arrangements can be worked out WITHOUT involving any court proceedings and in most divorce cases, that is what happens. Their separate attorneys can come to an agreement within DAYS if that is what they want.

jmo

 

[Calliope]

I agree and I have said for a long time that I expect her next move to be either rehab or inpatient treatment.
I just don't understand why you have a defense attorney if you won't let him defend you.

Advising her not to contest the RO at this point in time is very smart, and in her best interest, regardless of guilt or innocence. jmo

 

[Ms Suzanne]

Legal eagles, correct me if I'm wrong:

No, I don't think so. I think it means there's no need to hear just the Petition to make Terri move out. The divorce and the RO should still be on the schedule, as they are separate proceedings heard separately - but on the same day.

Ok,Thank you.

 

[xin]

Moo sounds like she's got a pretty smart cdattorney

He's on top of it too, which to me means he's been paid. Cynics may say that he's playing both ends against the middle for story rights, media income.

IMHO

 

[seeking truth]

I could be wrong, but to date, Kaine has not indicated that he WILL move back home right away.

For all we know, he might not move back "home" for months and month - at least, not until Terri is no longer a threat... i.e., not until she's 'sentenced' to jail time.

Because Terri might get arrested, but it's still possible that she gets out on bail until the hearing, which could take months and months. And I, for one, would not feel comfortable living there knowing Terri is out on bail and *possibly* pretty mad about that. :waitasec:

The house would be a wonderful place for Desiree and Tony to stay during this time. I thought that might be the biggest reason for Kaine having the house free from Terri. Yes, its important for kids to be where they are comfortable, but with Baby K and her age, this may be more of a practical move, and as stated above, preparation for a safer time in the future.

Maybe all three adults will stay at the house until something is resolved concerning Kyron and the MFH plot.

 

[liz b.]

"..someone other than..."

Interesting wording, imo, in that it does not say --someone in addition to--.




My interpretation of that is that she either confided in someone about what happened that day, they have reason to believe someone witnessed what she did or part of what she did, when she said she was doing something else. I don't think it necessarily supports an accomplice.

Hi AlexisFresca,
I take note that it does not say " someone else " "someone in addition to " or " TH is not the only one who might know what happened to Kyron ".... It's such a clear little sentence : "someone other than "......

All JMO

 

[xin]

Anyone else get the feeling that KH and DY might be testifying? Wonder if we'll hear "grand jury" any time soon?

With all the *leaks* in this case, we have not really heard even the faintest whisper (have we?) about possible convening of, or testimony at, the Grand Jury, which supports the guess that leaks are strategic.

Surely the media has somebody camped out where the GJ meets to see who comes and goes, and following key witnesses, but oh so silent. Nobody wants to mess up the case.

imho